DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Standfast Nominees Pty Ltd
(AG2020/1129)

LINKS SURVEYING ENTERPRISE AGREEMENT 2020

Technical services
COMMISSIONER WILLIAMS	PERTH, 27 MAY 2020

Application for approval of the Links Surveying Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Links Surveying Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Standfast Nominees Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2020. The nominal expiry date of the Agreement is 26 May 2024.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Standfast Nominees Pty Ltd sought approval of the Links Surveying Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which is responsible for the approval and enforcement of enterprise agreements. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the bargaining process and the contents of the agreement. The Commission had to determine if the agreement was fairly negotiated, whether it complied with the relevant provisions of the Act, and if it met the ‘better off overall’ test.

The key legal issues were whether the agreement was genuinely negotiated between the employer and the employees, if it contained the required minimum terms and conditions, and whether the agreement was in the best interests of the employees. The Commission examined the evidence provided by both parties regarding the negotiation process and the contents of the agreement. It also considered whether the agreement provided for fair and reasonable terms and conditions, including wages, leave, and other entitlements, and whether it met the statutory requirement that employees be no worse off financially under the agreement.

The Commission found that the agreement was genuinely negotiated between the parties and contained all the required minimum terms and conditions. It determined that the agreement met the ‘better off overall’ test, as employees would not be worse off financially under the agreement. The Commission approved the Links Surveying Enterprise Agreement 2020, subject to the conditions specified in the order. The decision emphasised the importance of fair and genuine bargaining processes and the need for agreements to provide fair and reasonable terms and conditions for employees.

Standfast Nominees Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established